Competition Act, 1998 (Act No. 89 of 1998)

Regulations

Tribunal Rules for COVID-19 Excessive Pricing Complaint Referrals

2. Interpretation
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2.1 In these Regulations, unless the context indicates otherwise, any word or expression has the meaning assigned to it by the Competition Act, 1998 (Act No. 89 of 1998), as amended or the Regulations issued by the Minister in Government Gazette No. 43116 on 19 March 2020, pursuant to the declaration of a National State of Disaster and—

 

2.1.1. "Act"

means the Competition Act No. 89 of 1998, as amended;

 

2.1.2. "Commission"

means the Competition Commission, a statutory body established in terms of section 19 of the Act;

 

2.1.3. "Complaint referral"

means a referral of an alleged contravention of section 8(1)(a) of the Act read with Regulation 4 of the Consumer Protection Regulations;

 

2.1.4. "Complainant"

means any person who has submitted a complaint to the Commission of an alleged contravention of section 8(1)(a) of the Act read with Regulation 4 of the Consumer Protection Regulations;

 

2.1.5. "Consumer Protection Regulations"

refers to the Consumer and Customer Protection and National Disaster Management Regulations and Directions published by the Minister in Government Gazette No. 43116, Notice No. R.350, on 19 March 2020, pursuant to the declaration of a National State of Disaster;

 

2.1.6. "COVID-19"

means the 2019 novel coronavirus (SARS-COV 2 / COVID-19);

 

2.1.7. "File"

when used as a verb, means to deposit with the Registrar;

 

2.1.8. "Lockdown period"

refers to the lockdown as defined in the Regulations issued in terms of Section 27(2) of the Disaster Management Act, 2002 (Act 57 of 2002) published in Government Notice No. R398 of Government Gazette No. 43148 of 25 March 2020, as may be amended;

 

2.1.9. "Minister"

has the same meaning as defined in the Act;

 

2.1.10. "National State of Disaster"

means the National State of Disaster relating to the COVID-19 outbreak as declared in Government Gazette No. 43096, Notice No. 313, on 15 March 2020;

 

2.1 11. "Registrar"

means the officer of the Tribunal appointed in terms of Tribunal Rule 5 and includes any acting or assistant registrar;

 

2.1.12. "Serve"

means to deliver a document to a person other than the Registrar;

 

2.1.13. "Tribunal"

means the Competition Tribunal, a statutory body established in terms of section 26 of the Act; and

 

2.1.14 "Tribunal Rules"

means the rules for the conduct of proceedings in the Competition Tribunal published in Government Gazette No. 22025, Vol. 428, on 1 February 2001